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2025 DAILYLAW 71083 (ORI)

PRASANTA KUMAR BEHERA @ PAPU BEHERA v. STATE OF ODISHA

ABLAPL/9717/2025 · 2025-10-14

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9717 of 2025 1. Prasanta Kumar Behera @ Papu Behera 2. Pravat Ranjan Behera @ Dipu Behera …. Petitioners Mr. S. Dwibedi, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC ABLAPL No. 9809 of 2025 Ramesh Chandra Behera …. Petitioner Mr. S. Dwibedi, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 14.10.2025 02. 1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and disposed of by this common order. 2. Heard learned counsel for the Petitioners and learned counsel for the State. 3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1072 of 2025 pending on the file of learned J.M.F.C.(IV), Cuttack arising out of Madhupatna P.S. Case No.216 of 2025 for commission of offences punishable under Sections 126(2)/ 115(2)/ 296/ 109/ 303(2)/ 351(2)/ 74/ 3(5) of BNS, 2023. 4. It is submitted by the learned counsel that omnibus and exaggerated allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail. 5. Learned counsel for the State opposes the prayer for pre-arrest bail in view of the ongoing investigation. 6. Taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature and the nature of the injury. 7. If it comes to the fore that the Petitioners have any such criminal antecedent and the injured has suffered any grievous injury, this order shall not be given effect to. 8. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina